Bill Text: TX HB3569 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the dissemination of eviction case information.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB3569 Detail]
Download: Texas-2019-HB3569-Introduced.html
| By: Farrar | H.B. No. 3569 | |
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| relating to the dissemination of eviction case information. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 24, Property Code, is amended by adding | ||
| Section 24.012 to read as follows: | ||
| Sec. 24.012. LIMITED DISSEMINATION OF EVICTION CASE | ||
| INFORMATION. (a) In this section: | ||
| (1) "Eviction case" means a lawsuit brought under this | ||
| chapter to recover possession of leased or rented real property | ||
| from a tenant. | ||
| (2) "Eviction case information" means all records and | ||
| files related to a filing of an eviction case, including petitions | ||
| and their dispositions. | ||
| (b) Concurrently with a judgment or dismissal in an eviction | ||
| case or on petition of a defendant in an eviction case where a final | ||
| order exists, a court shall enter an order of limited dissemination | ||
| of the eviction case information pertaining to the defendant if: | ||
| (1) a judgment is or was entered in favor of the | ||
| defendant; | ||
| (2) the eviction case is or was dismissed without any | ||
| relief granted to the plaintiff; | ||
| (3) the defendant is or was a residential tenant not | ||
| otherwise in default and the eviction case was brought by the | ||
| landlord's successor in interest following foreclosure; or | ||
| (4) at least five years have elapsed from the date of | ||
| the final judgment in the eviction case. | ||
| (c) Concurrently with a judgment or dismissal in an eviction | ||
| case or on petition of a defendant in an eviction case, a court may | ||
| order the limited dissemination of eviction case information | ||
| pertaining to the defendant if the court finds that: | ||
| (1) the limited dissemination of the eviction case | ||
| information is in the interest of justice; and | ||
| (2) the interest of justice is not outweighed by the | ||
| public's interest in knowing the eviction case information. | ||
| (d) If an order is entered granting limited dissemination of | ||
| eviction case information of a defendant under this section: | ||
| (1) all courts or clerks shall delete or redact all | ||
| index references to the name of the defendant that relate to the | ||
| eviction case information from the public records; and | ||
| (2) except to the extent permitted by federal law, a | ||
| credit reporting agency, a person who regularly collects and | ||
| disseminates eviction case information, or a person who sells | ||
| eviction case information may not: | ||
| (A) disclose the existence of the eviction case; | ||
| or | ||
| (B) use the eviction case information as a factor | ||
| in determining a score or recommendation in a tenant screening | ||
| report regarding the defendant. | ||
| (e) A person who knowingly violates Subsection (d) is liable | ||
| to an injured party for: | ||
| (1) actual damages; | ||
| (2) exemplary damages of $1,000; and | ||
| (3) reasonable attorney's fees and court costs. | ||
| (f) Notwithstanding Section 41.004(a), Civil Practice and | ||
| Remedies Code, a court shall award exemplary damages under | ||
| Subsection (e) (2) to the injured party irrespective of whether the | ||
| party is awarded actual damages. | ||
| (g) The supreme court shall adopt rules necessary to | ||
| implement this section. | ||
| SECTION 2. Not later than January 1, 2020, the Texas Supreme | ||
| Court shall adopt the rules necessary to implement Section 24.012, | ||
| Property Code, as added by this Act. | ||
| SECTION 3. This Act takes effect January 1, 2020. | ||
